HB 1729

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 395.3025, F.S., which
4	provides an exemption from public records requirements for
5	specified information concerning certain employees of
6	hospitals, ambulatory surgical centers, and mobile
7	surgical facilities; removing the October 2, 2004, repeal
8	thereof scheduled under the Open Government Sunset Review
9	Act of 1995; narrowing and clarifying the exemption;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsections (10) and (11) of section 395.3025,
15	Florida Statutes, are amended to read:
16	395.3025  Patient and personnel records; copies;
17	examination.--
18	(10)  The home addresses, telephone numbers, social
19	security numbers, and photographs of employees of any licensed
20	facility who provide direct patient care or security services;
21	the home addresses, telephone numbers, social security numbers,
22	photographs, and places of employment of the spouses and
23	children of such persons; and the names and locations of schools
24	and day care facilities attended by the children of such persons
25	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
26	I of the State Constitution. However, any state or federal
27	agency that is authorized to have access to such information by
28	any provision of law shall be granted such access in the
29	furtherance of its statutory duties, notwithstanding the
30	provisions of this subsection. This subsection is subject to the
31	Open Government Sunset Review Act of 1995 in accordance with s.
32	119.15, and shall stand repealed on October 2, 2004, unless
33	reviewed and saved from repeal through reenactment by the
34	Legislature.
35	(11)  The home addresses, telephone numbers, social
36	security numbers, and photographs of employees of any licensed
37	facility who have a reasonable belief, based upon specific
38	circumstances that have been reported in accordance with the
39	procedure adopted by the facility, that release of the
40	information may be used to threaten, intimidate, harass, inflict
41	violence upon, or defraud the employee or any member of the
42	employee's family; the home addresses, telephone numbers, social
43	security numbers, photographs, and places of employment of the
44	spouses and children of such persons; and the names and
45	locations of schools and day care facilities attended by the
46	children of such persons are confidential and exempt from s.
47	119.07(1) and s. 24(a), Art. I of the State Constitution.
48	However, any state or federal agency that is authorized to have
49	access to such information by any provision of law shall be
50	granted such access in the furtherance of its statutory duties,
51	notwithstanding the provisions of this subsection. The licensed
52	facility shall maintain the confidentiality of the personal
53	information only if the employee submits a written request for
54	confidentiality to the licensed facility. This subsection is
55	subject to the Open Government Sunset Review Act of 1995 in
56	accordance with s. 119.15, and shall stand repealed on October
57	2, 2004, unless reviewed and saved from repeal through
58	reenactment by the Legislature.
59	Section 2.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.